Legal Question in Personal Injury in New Jersey

Being sue due to a rear end accident

I rear ended a car and the passager sustain an head/neck injury (she was able to walk around after the accident, but then complain of dizziness and headache). There are only minor scrape marks on both cars.

I just received a letter from their attorney that he is respresenting them and advice me to notify my insurance company. What's going to happen now? Will my insurance company take care of it or they will sue me personally? Do these cases usually settle?

Should I consult an attorney right away?


Asked on 11/22/06, 8:46 pm

2 Answers from Attorneys

Adam L. Rothenberg Levinson Axelrod, P.C.

Re: Being sue due to a rear end accident

Claims are made agaisnt you individually, but htis is why you purchase insurance. Turn the matter over to your insurance carrier and they are reponsible for handling the matter, you msut cooperate with them. While I understand that you do not think that hte injuries were serious, your interest is having the insurance carrier resolve the claim, pay whatever they msut within the policy to settle it. Tell the carrier you will cooperate, but that you expect them to protect you and resolve the claim. This way, if the case goes to trial and there ia verdict in excess of the policy, this will be most likely the responsibility of the insurance company instead of you. You do not benefit from them saving money. As long as you tell them this and cooperate, you should be well protected. You may want to get a personal attorney to communicate this information for you, but it is not necessary.

Please feel free to contact me if you ahve other questions.

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Answered on 11/26/06, 3:14 pm
Scott Levinson Korybski & Levinson

Re: Being sue due to a rear end accident

You should immediately notify your auto insurance company. They will contact the attorney and attempt to settle this claim. If there is a lawsuit, you will be named, but your insurance company will provide you with an attorney and will provide you with coverage up to the limits of your policy. Usually those policy limits are enough to satisfy any claims, although there may be instances involving extremely severe injuries and limited policies where your personal assets may be at risk. This probably is not the case but that is difficult to determine at this point. Again, let your insurance company know about the attorney letter and they should take it from there. If you have any further questions, please feel free to contact me.

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Answered on 11/23/06, 8:47 am


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